Environmental NGOs are suing EPA, asking a California federal district court to essentially take over EPA’s pesticide program because EPA allegedly failed to meet all its pesticide obligations under the Endangered Species Act. At the Government’s and NGO’s request, the case has been stayed to allow settlement negotiations. Several industry Interveners filed motions to dismiss the NGO plaintiffs’ complaint for lack of jurisdiction over the case; to allow their intervention for all purposes in the case; and to lift the stay of the case. The Interveners include CropLife America and the American Chemistry Council. The court has not yet granted them full participation in the case. The Government Defendants and NGO Plaintiffs oppose the industry Intervener motions, and want the stay continued to allow settlement negotiations to continue.

In a letter dated March 9, 2012, the U. S. Environmental Protection Agency submitted very detailed comments on the U.S. Fish and Wildlife Service’s January 16, 2012, Draft Biological Opinion on the potential effects from application of Rozol Prairie Dog Bait. This FWS BiOp addresses Rozol’s application to control Black-tailed Prairie Dogs and its effects during this use on several federally listed threatened or endangered species. This BiOp is the product of litigation which has been discussed in previous articles on this website.

Environmental NGOs are suing EPA, asking a California federal district court to essentially take over EPA’s pesticide program because EPA allegedly failed to meet all its pesticide obligations under the Endangered Species Act. On February 21, 2012, several industry interveners filed a motion to dismiss the NGO plaintiffs’ complaint. The interveners include CropLife America and the American Chemistry Council.

On March 6, 2012, EPA and the Justice Department filed with the court the Government’s opposition to the industry interveners’ motion to dismiss. The Government opposes the motion to dismiss “because the Plaintiffs and Federal Defendants are currently pursuing further settlement discussions and the stay will allow those discussions to continue and serve the interests of judicial economy.”

Environmental NGOs are suing EPA, asking a California federal district court to essentially take over EPA’s pesticide program because EPA allegedly failed to meet all its pesticide obligations under the Endangered Species Act. On February 21, 2012, several industry interveners filed a motion to dismiss the NGO plaintiffs’ complaint. The interveners include CropLife America and the American Chemistry Council.

On March 6, 2012, the plaintiff NGOs filed two pleadings with the court in opposition to the industry interveners’ motion to dismiss.

The Association of American Pesticide Control Officials was formed in 1947, the same year that Congress enacted the Federal Insecticide, Fungicide and Rodenticide Act. Members of AAPCO consist of the officers charged by law with the execution of the state, territorial, provincial, and federal laws in the United States, including all its territories, and in Canada. The 2012 AAPCO Conference will be held March 4-7, 2012, Hilton Alexandria, Old Town, in Alexandria, VA.

Environmental NGOs are suing EPA, asking a California federal district court to essentially take over EPA’s pesticide program because EPA allegedly failed to meet all its pesticide obligations under the Endangered Species Act. On February 21, 2012, several industry interveners filed a motion to dismiss the NGO plaintiffs’ complaint. The interveners include CropLife America and the American Chemistry Council. Their Motion argues that the NGO plaintiffs’ claims should be dismissed for the following reasons.

Plaintiffs should have brought their claims directly challenging EPA’s registration decisions in a court of appeals, not in the California federal district court.